42 U.S.C. § 9837b — Head Start collaboration; State early

Page 7872 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9837b (10) linking the services provided in such Head Start program with educational services, including services relating to language, lit- eracy, and numeracy, provided by such local educational agency; (11) helping parents (including grandparents and kinship caregivers, as appropriate) to un- derstand the importance of parental involve- ment in a child’s academic success while teaching them strategies for maintaining pa- rental involvement as their child moves from Head Start to elementary school; (12) helping parents understand the instruc- tional and other services provided by the school in which their child will enroll after participation in the Head Start program; (13) developing and implementing a system to increase program participation of under- served populations of eligible children; and (14) coordinating activities and collabo- rating to ensure that curricula used in the Head Start program are aligned with— (A) the Head Start Child Outcomes Frame- work, as developed by the Secretary; and (B) State early learning standards, as ap- propriate, with regard to cognitive, social, emotional, and physical competencies that children entering kindergarten are expected to demonstrate. (b) Construction In this section, a reference to a Head Start agency, or its program, services, facility, or per- sonnel, shall not be construed to be a reference to an Early Head Start agency, or its program, services, facility, or personnel. (c) Dissemination and technical assistance The Secretary, in consultation with the Sec- retary of Education, shall— (1) disseminate to Head Start agencies infor- mation on effective policies and activities re- lating to the transition of children from Head Start programs to public schools; and (2) provide technical assistance to such agencies to promote and assist such agencies to adopt and implement such effective policies and activities. (Pub. L. 97–35, title VI, § 642A, as added Pub. L. 105–285, title I, § 110, Oct. 27, 1998, 112 Stat. 2717; amended Pub. L. 110–134, § 10, Dec. 12, 2007, 121 Stat. 1407; Pub. L. 114–95, title IX, § 9215(nn)(4), Dec. 10, 2015, 129 Stat. 2177.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(8), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified gen- erally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6301 of Title 20 and Tables. The McKinney-Vento Homeless Assistance Act, re- ferred to in subsec. (a)(8), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classi- fied generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. AMENDMENTS 2015—Subsec. (a)(7)(B). Pub. L. 114–95, § 9215(nn)(4)(A), substituted ‘‘the information provided to parents of English learners under section 1112(e)(3) of the Elemen- tary and Secondary Education Act of the 1965’’ for ‘‘the information provided to parents of limited English pro- ficient children under section 3302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7012)’’. Subsec. (a)(8). Pub. L. 114–95, § 9215(nn)(4)(B), sub- stituted ‘‘parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965’’ for ‘‘parental involvement efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)’’. 2007—Pub. L. 110–134 amended section generally. Prior to amendment, section related to requirements for Head Start agencies to coordinate with local edu- cational agencies and schools to assist in transition from Head Start to school. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. § 9837b. Head Start collaboration; State early education and care (a)(1) From amounts made available under sec- tion 9835(a)(2)(B)(vi) of this title, the Secretary shall award the collaboration grants described in paragraphs (2), (3), and (4). (2)(A) The Secretary shall award, upon submis- sion of a written request, a collaboration grant to each State and to each national administra- tive office serving Indian Head Start programs and migrant or seasonal Head Start programs to facilitate collaboration among Head Start agen- cies (including Early Head Start agencies) and entities that carry out activities designed to benefit low-income children from birth to school entry, and their families. The national adminis- trative offices shall use the funds made avail- able through the grants to carry out the au- thorities and responsibilities described in sub- paragraph (B) and paragraphs (3) and (4), as ap- propriate. (B) Grants described in subparagraph (A) shall be used to— (i) assist Head Start agencies to collaborate with entities involved in State and local plan- ning processes to better meet the needs of low- income children from birth to school entry, and their families; (ii) assist Head Start agencies to coordinate activities with the State agency responsible for administering the State program carried out under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.] and entities providing resource and referral services in the State, to make full-working- day and full calendar year services available to children; (iii) promote alignment of curricula used in Head Start programs and continuity of serv- ices with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards; (iv) promote better linkages between Head Start agencies and other child and family agencies, including agencies that provide health, mental health, or family services, or other child or family supportive services, such Page 7873 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9837b as services provided under section 619 or part C of the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1419, 1431 et seq.); and (v) carry out the activities of the State Di- rector of Head Start Collaboration authorized in paragraph (4). (3) In order to improve coordination and deliv- ery of early childhood education and develop- ment to children in the State, a State that re- ceives a collaboration grant under paragraph (2) shall— (A) appoint or designate an individual to serve as, or carry out the responsibilities of, the State Director of Head Start Collabora- tion; (B) ensure that the State Director of Head Start Collaboration holds a position with suf- ficient authority and access to ensure that the collaboration described in paragraph (2) is ef- fective and involves a range of State agencies; and (C) involve the State Head Start Association in the selection of the Director and involve the Association in determinations relating to the ongoing direction of the collaboration of- fice involved. (4) The State Director of Head Start Collabo- ration shall— (A) not later than 1 year after the State re- ceives a collaboration grant under paragraph (2), conduct an assessment that— (i) addresses the needs of Head Start agen- cies in the State with respect to collabora- tion, coordination and alignment of services, and alignment of curricula and assessments used in Head Start programs with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards; (ii) shall be updated on an annual basis; and (iii) shall be made available to the general public within the State; (B) develop a strategic plan that is based on the assessment described in subparagraph (A) that will— (i) enhance collaboration and coordination of Head Start services by Head Start agen- cies with other entities providing early childhood education and development (such as child care or services offered by muse- ums), health care, mental health care, wel- fare, child protective services, education and community service activities, family lit- eracy services, reading readiness programs (including such programs offered by public and school libraries), services relating to children with disabilities, other early child- hood education and development for limited English proficient children and homeless children, and services provided for children in foster care and children referred to Head Start programs by child welfare agencies, in- cluding agencies and State officials respon- sible for services described in this clause; (ii) assist Head Start agencies to develop a plan for the provision of full working-day, full calendar year services for children en- rolled in Head Start programs who need such services; (iii) assist Head Start agencies to align curricula and assessments used in Head Start programs with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards; (iv) enable Head Start agencies to better access professional development opportuni- ties for Head Start staff, such as by working with Head Start agencies to enable the agen- cies to meet the degree requirements de- scribed in section 9843a(a)(2)(A) of this title, including providing distance learning oppor- tunities for Head Start staff, where needed to make higher education more accessible to Head Start staff; and (v) enable the Head Start agencies to bet- ter conduct outreach to eligible families; (C) promote partnerships between Head Start agencies, State and local governments, and the private sector to help ensure that chil- dren from low-income families, who are in Head Start programs or are preschool age, are receiving comprehensive services to prepare the children for elementary school; (D) consult with the chief State school offi- cer, local educational agencies, and providers of early childhood education and development, at both the State and local levels; (E) promote partnerships between Head Start agencies, schools, law enforcement, rel- evant community-based organizations, and substance abuse and mental health treatment agencies to strengthen family and community environments and to reduce the impact on child development of substance abuse, child abuse, domestic violence, and other high-risk behaviors that compromise healthy develop- ment; (F) promote partnerships between Head Start agencies and other organizations in order to enhance Head Start program quality, including partnerships to promote inclusion of more books in Head Start classrooms; (G) identify other resources and organiza- tions (both public and private) for the provi- sion of in-kind services to Head Start agencies in the State; and (H) serve on the State Advisory Council in order to assist the efforts of Head Start agen- cies to engage in effective coordination and collaboration. (b)(1)(A) The Governor of the State shall— (i) designate or establish a council to serve as the State Advisory Council on Early Child- hood Education and Care for children from birth to school entry (in this subchapter re- ferred to as the ‘‘State Advisory Council’’); and (ii) designate an individual to coordinate ac- tivities of the State Advisory Council, as de- scribed in subparagraph (D)(i). (B) The Governor may designate an existing entity in the State to serve as the State Advi- sory Council, and shall appoint representatives to the State Advisory Council at the Governor’s discretion. In designating an existing entity, the Governor shall take steps to ensure that its membership includes, to the extent possible, representatives consistent with subparagraph (C). (C) Members of the State Advisory Council shall include, to the maximum extent possible— Page 7874 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9837b (i) a representative of the State agency re- sponsible for child care; (ii) a representative of the State educational agency; (iii) a representative of local educational agencies; (iv) a representative of institutions of higher education in the State; (v) a representative of local providers of early childhood education and development services; (vi) a representative from Head Start agen- cies located in the State, including migrant and seasonal Head Start programs and Indian Head Start programs; (vii) the State Director of Head Start Col- laboration; (viii) a representative of the State agency responsible for programs under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); (ix) a representative of the State agency re- sponsible for health or mental health care; and (x) representatives of other entities deter- mined to be relevant by the Governor of the State. (D)(i) The State Advisory Council shall, in ad- dition to any responsibilities assigned to the Council by the Governor of the State— (I) conduct a periodic statewide needs assess- ment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including an assessment of the availability of high-quality pre-kinder- garten services for low-income children in the State; (II) identify opportunities for, and barriers to, collaboration and coordination among Fed- erally-funded and State-funded child develop- ment, child care, and early childhood edu- cation programs and services, including col- laboration and coordination among State agencies responsible for administering such programs; (III) develop recommendations for increasing the overall participation of children in exist- ing Federal, State, and local child care and early childhood education programs, including outreach to underrepresented and special pop- ulations; (IV) develop recommendations regarding the establishment of a unified data collection sys- tem for public early childhood education and development programs and services through- out the State; (V) develop recommendations regarding statewide professional development and career advancement plans for early childhood edu- cators in the State; (VI) assess the capacity and effectiveness of 2- and 4-year public and private institutions of higher education in the State toward sup- porting the development of early childhood educators, including the extent to which such institutions have in place articulation agree- ments, professional development and career advancement plans, and practice or intern- ships for students to spend time in a Head Start or prekindergarten program; and (VII) make recommendations for improve- ments in State early learning standards and undertake efforts to develop high-quality com- prehensive early learning standards, as appro- priate. (ii) The State Advisory Council shall hold pub- lic hearings and provide an opportunity for pub- lic comment on the activities described in clause (i). The State Advisory Council shall sub- mit a statewide strategic report addressing the activities described in clause (i) to the State Di- rector of Head Start Collaboration and the Gov- ernor of the State. (iii) After submission of a statewide strategic report under clause (ii), the State Advisory Council shall meet periodically to review any implementation of the recommendations in such report and any changes in State and local needs. (2)(A) The Secretary shall use the portion re- served under section 9835(a)(4)(A)(iii) of this title to award, on a competitive basis, one-time startup grants of not less than $500,000 to eligi- ble States to enable such States to pay for the Federal share of developing and implementing a plan pursuant to the responsibilities included under paragraph (1)(D)(i). A State that receives funds under this paragraph shall use such funds to facilitate the development or enhancement of high-quality systems of early childhood edu- cation and care designed to improve school pre- paredness through one or more of the following activities— (i) promoting school preparedness of chil- dren from birth through school entry, includ- ing activities to encourage families and care- givers to engage in highly interactive, devel- opmentally and age-appropriate activities to improve children’s early social, emotional, and cognitive development, support the transi- tion of young children to school, and foster pa- rental and family involvement in the early education of young children; (ii) supporting professional development, re- cruitment, and retention initiatives for early childhood educators; (iii) enhancing existing early childhood edu- cation and development programs and services (in existence on the date on which the grant involved is awarded), including quality im- provement activities authorized under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.]; and (iv) carrying out other activities consistent with the State’s plan and application, pursu- ant to subparagraph (B). (B) To be eligible to receive a grant under this paragraph, a State shall prepare and submit to the Secretary a plan and application, for a 3- year period, at such time, in such manner, and containing such information as the Secretary shall require, including— (i) the statewide strategic report described in paragraph (1)(D)(ii), including a description of the State Advisory Council’s responsibil- ities under paragraph (1)(D)(i); (ii) a description, for each fiscal year, of how the State will make effective use of funds available under this paragraph, with funds de- scribed in subparagraph (C), to create an early childhood education and care system, by de- veloping or enhancing programs and activities consistent with the statewide strategic report described in paragraph (1)(D)(i); Page 7875 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9838 (iii) a description of the State early learning standards and the State’s goals for increasing the number of children entering kindergarten ready to learn; (iv) information identifying the agency or joint interagency office, and individual, des- ignated to carry out the activities under this paragraph, which may be the individual des- ignated under paragraph (1)(A)(ii); and (v) a description of how the State plans to sustain activities under this paragraph beyond the grant period. (C) The Federal share of the cost of activities proposed to be conducted under subparagraph (A) shall be 30 percent, and the State shall pro- vide the non-Federal share. (D) Funds made available under this para- graph shall be used to supplement, and not sup- plant, other Federal, State, and local funds ex- pended to carry out activities related to early childhood education and care in the State. (E) Not later than 18 months after the date a State receives a grant under this paragraph, the State shall submit an interim report to the Sec- retary. A State that receives a grant under this paragraph shall submit a final report to the Sec- retary at the end of the grant period. Each re- port shall include— (i) a description of the activities and serv- ices carried out under the grant, including the outcomes of such activities and services in meeting the needs described in the periodic needs assessment and statewide strategic re- port; (ii) information about how the State used such funds to meet the goals of this subsection through activities to develop or enhance high- quality systems of early childhood education and care, increase effectiveness of delivery systems and use of funds, and enhance existing programs and services; (iii) information regarding the remaining needs described in the periodic statewide needs assessment and statewide strategic report that have not yet been addressed by the State; and (iv) any other information that the Sec- retary may require. (F) Nothing in this subsection shall be con- strued to provide the State Advisory Council with authority to modify, supersede, or negate the requirements of this subchapter. (Pub. L. 97–35, title VI, § 642B, as added and amended Pub. L. 110–134, § 11, Dec. 12, 2007, 121 Stat. 1408.) Editorial Notes REFERENCES IN TEXT The Child Care and Development Block Grant Act of 1990, referred to in subsecs. (a)(2)(B)(ii) and (b)(2)(A)(iii), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, as added by Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of this title. For com- plete classification of this Act to the Code, see section 9857(a) of this title and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsecs. (a)(2)(B)(iv) and (b)(1)(C)(viii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. Sec- tion 619 of the Act is classified to section 1419 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. AMENDMENTS 2007—Subsec. (b). Pub. L. 110–134, § 11(b), added subsec. (b). § 9838. Submission of plans to chief executive of- ficer In carrying out the provisions of this sub- chapter, no contract, agreement, grant, or other assistance shall be made for the purpose of car- rying out a Head Start program within a State unless a plan setting forth such proposed con- tract, agreement, grant, or other assistance has been submitted to the chief executive officer of the State, and such plan has not been dis- approved by such officer within 45 days of such submission, or, if disapproved (for reasons other than failure of the program to comply with State health, safety, and child care laws, includ- ing regulations applicable to comparable child care programs in the State), has been reconsid- ered by the Secretary and found by the Sec- retary to be fully consistent with the provisions and in furtherance of the purposes of this sub- chapter, as evidenced by a written statement of the Secretary’s findings that is transmitted to such officer. Funds to cover the costs of the pro- posed contract, agreement, grant, or other as- sistance shall be obligated from the appropria- tion which is current at the time the plan is sub- mitted to such officer. This section shall not, however, apply to contracts, agreements, grants, loans, or other assistance to any institution of higher education in existence on August 13, 1981. This section shall not apply to contracts, agree- ments, grants, loans, or other assistance for In- dian Head Start programs or migrant or sea- sonal Head Start programs. (Pub. L. 97–35, title VI, § 643, Aug. 13, 1981, 95 Stat. 502; Pub. L. 101–501, title I, § 110, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 102–401, § 2(k)(4), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 105–285, title I, § 111, Oct. 27, 1998, 112 Stat. 2718; Pub. L. 110–134, § 12, Dec. 12, 2007, 121 Stat. 1414.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–134 inserted at end ‘‘This section shall not apply to contracts, agreements, grants, loans, or other assistance for Indian Head Start programs or migrant or seasonal Head Start programs.’’ 1998—Pub. L. 105–285, in first sentence, substituted ‘‘45 days’’ for ‘‘30 days’’ and ‘‘disapproved (for reasons other than failure of the program to comply with State health, safety, and child care laws, including regula- tions applicable to comparable child care programs in the State)’’ for ‘‘so disapproved’’ and inserted ‘‘, as evi- denced by a written statement of the Secretary’s find- ings that is transmitted to such officer’’ before period. 1992—Pub. L. 102–401 substituted ‘‘such officer’’ for ‘‘the such officer’’ in two places. 1990—Pub. L. 101–501 substituted ‘‘chief executive offi- cer’’ for first reference to ‘‘Governor’’ and ‘‘such offi- cer’’ for second and third references to ‘‘Governor’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–401 effective Oct. 7, 1992, but not applicable with respect to fiscal years begin-